Sullivan v. Paul (In Re Paul)

MEMORANDUM OPINION AND ORDER

CAROL A. DOYLE, Bankruptcy Judge.

The trustee in this Chapter 7 bankruptcy case, Thomas Sullivan, filed an adversary complaint seeking authority to sell and assign the debtor’s right to receive payments under an annuity. The annuity was purchased by Country Mutual Insurance Company (“Country Mutual”) as part of a structured settlement of a personal injury claim asserted by the debtor. The trustee seeks authorization to sell or assign the debtor’s right to receive payments under the annuity under § 363(b) of the Bankruptcy Code, 11 U.S.C. § 363(b). However, under an…